Probe: Deputies knew danger before Modesto eviction attack

Deputy, locksmith killed in April 2012 shooting

UPDATED 4:58 PM PST Feb 05, 2013

SAN FRANCISCO -

An independent investigation into the fatal shootings of a sheriff's deputy and locksmith during an eviction in Northern California has found that the sheriff's department was aware that the gunman had assault rifles and surveillance cameras.

The 122-page report from an outside investigative team released on Friday said the Stanislaus County Sheriff's Department should have rescheduled its attempt to evict James Ferrario from his Modesto home last year and devised a better plan.

Ferrario had been lying in wait for the deputies to arrive, the report said, and Deputy Bob Paris and his supervisor failed to create an effective, safe plan.

Ferrario shot and killed Paris and locksmith Glendon Engert during the April 12 eviction attempt. Ferrario then set his building on fire and shot himself during an ensuing 11-hour standoff with authorities.

"These men were performing their profession's duties, trying to ensure that a legal process would be served in a peaceful manner," Stanislaus County Sheriff Adam Christianson said in the report. "We will never forget their deaths and the sacrifices of their loved ones."

Christianson added that they will use the report to determine what happened and "what can be done to prevent future tragedies." Sheriff's spokesman Sgt. Anthony Bejaran said Tuesday there would be no further comment on the report's findings.

Engert's widow has filed a wrongful death lawsuit saying the locksmith had no idea of the danger, even though Paris had received written paperwork from a legal clerk citing warnings from an eviction agent about Ferrario.

The clerk's warnings included that Ferrario was "very weirdo," ''ex-military/militia," may have had "multiple guns M-16 type" and that he could possibly be violent.

When the clerk spoke to Paris and alerted him about the potential dangers the day before the eviction, the deputy said, "whatever," according to the report.

After Paris repeatedly announced himself and knocked on Ferrario's front door, Engert started to drill the locked door. The locksmith stopped and told Paris and another deputy that he heard someone or something inside the apartment, but the deputies did not hear anything, the report said.

Within seconds, gunshots erupted and Paris and Engert were gunned down.

Nearly nine hours into the standoff, Ferrario called 911 and told an operator that he shot the deputy and the locksmith and said he thought his home was being burglarized.

"I apologize, I thought it was a burglar and I just started shooting them," Ferrario said. "I thought it was a burglar and I shot. They woke me out of a dead sleep. I apologize, I didn't know it was the police until after I started shooting because I thought it was a burglar, I do apologize."

The report said that during the standoff Ferrario barricaded himself in his bathroom, surrounded by 30 firearms and more than 1,000 rounds of ammunition.

Authorities later discovered Ferrario dead from an apparent self-inflicted gunshot wounds in his bathroom.

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